Insolvency Service – Trace & Process Serving Referral Form – Yellow Top Form

This form should be used when those instructing SIRS are not sure of the address at which the subject is residing, so it is advisable to prepare a detailed trace report which will hopefully confirm the present residential address of the subject and provide other contact details and even employment information. This assists with the pending service of documents.

SIRS still try and complete the whole case within fourteen days. As the initial part consists of the trace enquiries, it is important that, once again, as much information as possible is provided on the form, including any known addresses, phone numbers or previous work details. Also, attached to the instructions should be the documents that need to be served on the subject. These cases are prioritised in SIRS Trace Department.  As soon as the Trace Report is complete they will forward this to the person instructing them and simultaneously forward instructions for service to their local agent with the Trace Report and attachments to assist him/her with the service.

SIRS currently receive a lot of Process Serving instructions where the addresses are incorrect or historical. Therefore, if those instructing them are not sure of the address, they should utilise this service as it is potentially more economical. If SIRS arrange for their process server to attend at an address from which a subject has moved, and he/she cannot gain any further information on their whereabouts, a trace is required and frequently the new address is in a totally different area and further instructions then have to be sent to their local agent for service at the new address. Effectively, this entails three sets of instructions rather than two but also may cost money because court cases have to be adjourned and possibly re-instated once the new address is obtained.

In instructions to carry out Process Serving SIRS are normally instructed to complete a Certificate of Service or a Witness Statement, or both. If these are required, the necessary boxes should be completed with a “Y” or “N” and the proforma documents with court numbers and names already completed should be attached to the instructions. SIRS frequently have cases where Insolvency staff tick the box with a “Y” but do not attach documents required.

By way of further explanation, under the contract SIRS have to do up to two visits to one address or one visit to two addresses. After these are carried out, provided that their agent has positively confirmed the continued residency of subject, but still unable to meet with them, the documents are posted through the letterbox in a sealed envelope and a Certificate of Service and/or Witness Statement are completed. Also, on occasions, SIRS agents will speak to spouses, parents or other occupants at the address and explain the contents of the documents, particularly where there is an Order to Attend Court and a Penal Clause. The documents would then be handed to them in a sealed envelope marked “Urgent” and “Private & Confidential” addressed to the subject. This outcome is referred to in the box marked “Substituted service on another permitted” and should also be picked. SIRS have been instructed previously by Head Office that, unless there are specific instructions on why not to carry out these procedures, then they should be done as, on numerous occasions, the subjects will receive the Letters and Orders and comply or make contact with the IS.  E.G. On the odd occasion SIRS have been informed that, for example, a husband or wife has entered their spouse’s name with Companies House as a Director or Secretary of the company without their knowledge. This could be an example of where documents should not be handed to a spouse as they may not be passed on, and so it is advised not to “letterbox” the documents.